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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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DEPARTMENT OF AGRICULTURE

 

DIVISION 60

GINSENG MANAGEMENT PROGRAM

603-060-0010

Purpose and Scope

This division establishes procedures for a ginseng management program administered by the Oregon Department of Agriculture as authorized by Oregon Laws 1997 Chapter 9.

Stat. Auth.: ORS 561.190 & OL 1997 Ch. 9
Stats. Implemented: OL 1997 Ch. 9
Hist.: AD 5-1997, f. & cert. ef. 6-4-97

603-060-0020

Definitions

As used in this division, the following definitions apply:

(1) "Certificate of Origin" means a legal document required for out-of-state or foreign trade attesting to the fact that a specific lot of ginseng was legally cultivated and harvested in Oregon.

(2) "Cultivated Ginseng" means ginseng which is growing or has been grown in tilled beds under shade of artificial structures or under natural shade and is cultivated by a person.

(3) "Dealer" means a person who buys cultivated ginseng for the purpose of resale, except that it does not include a person who buys dry root of cultivated ginseng solely for the purpose of final retail sale to consumers in the United States.

(4) "Department" means the department of agriculture of the state of Oregon.

(5) "Director" means the director of the department of agriculture or his duly appointed representative (Inspector).

(6) "Ginseng" means any part of the plant known as American Ginseng (Panax quinquefolius L.) including plants, whole roots, essentially intact roots, and root chunks and slices, but excluding root hairs, extracts, derivatives, leaves, stems, flowers and seeds.

(7) "Grower" means a person who grows cultivated ginseng except persons growing solely for personal use, direct retail sales, or direct sales to retail outlets within the state of Oregon.

(8) "Out-of-state ginseng" means ginseng originating from a state other than Oregon.

(9) "Person" means any individual, firm, partnership, corporation, company, association, governmental entity or any combination of individuals, or any employee, agent, or officer thereof.

(10) "Wild ginseng" means ginseng originating from within its natural range and which was grown in an uncultivated state and was collected from its native habitat.

Stat. Auth.: ORS 561.190 & OL 1997 Ch. 9
Stats. Implemented: OL 1997 Ch. 9
Hist.: AD 5-1997, f. & cert. ef. 6-4-97

603-060-0030

Growers and Dealers: Licensing

(1) No person may act as a grower or a dealer unless he or she is licensed with the department. Persons selling cultivated ginseng to dealers and/or out-of-state or foreign buyers must license as growers. Persons growing ginseng solely for personal use, direct retail sales within Oregon, direct sales to retail outlets within the State, or direct sales to in-state processors making derivatives or extracts do not need to obtain a growers license. Any person who acts as both a grower and a dealer shall be licensed as both a grower and a dealer.

(2) Licenses shall be renewed annually on a form provided by the department. Licenses expire on April 30th of each year. A grower shall pay to the department an annual license fee of $25. A dealer shall pay an annual license fee of $25. The department shall assign a license number to each person licensed under this subsection.

(3) Paragraph (1) of this section does not apply to a grower who sells or ships only live immature cultivated ginseng plants for propagation (not consumption). A nursery license is required for this activity if sales exceed the limit prescribed in the nursery law, ORS 571.057 and associated rule, OAR 603-054-0016. Growing and/or selling ginseng seed does not require a nursery license or a ginseng grower's license.

Stat. Auth.: ORS 561.190 & OL 1997, Ch. 9
Stats. Implemented: OL 1997, Ch. 9
Hist.: AD 5-1997, f. & cert. ef. 6-4-97; DOA 2-1999, f. & cert. ef. 1-5-99

603-060-0040

Sale or Shipment of Cultivated Ginseng

(1) The department shall, upon request, provide each licensed grower or dealer with certificates of origin. The department shall stamp each certificate of origin with the license number of the grower or dealer. A certificate of origin is valid only if used during the period for which the stamp license number of the grower was issued. Licensed growers or dealers may certify their own cultivated ginseng by filling out and signing a valid certificate or origin.

(2) No person may sell or ship cultivated ginseng to a dealer, out-of-state buyer or foreign buyer unless the cultivated ginseng is accompanied by a valid, completed certificate of origin which specifies the year of harvest, growers license number, location of harvest, and actual weight of ginseng sold. The person selling or shipping the cultivated ginseng shall send to the department a copy of the certificate of origin within 30 days. Each person who completes a certificate of origin shall retain a duplicate copy.

(3) No dealer may purchase or receive Oregon-grown cultivated ginseng unless it is accompanied by a completed certificate of origin from the grower. A dealer shall retain the original copy of each certificate of origin he or she receives.

(4) No dealer may purchase or receive out-of-state cultivated ginseng unless it is accompanied by a valid written certificate, issued by the state of origin, certifying that the shipment consists solely of out-of-state cultivated ginseng. The certificate shall include the location of harvest, year of harvest, and dry weight of the out-of-state cultivated ginseng included in the shipment. A dealer shall retain a copy of each written certificate he or she receives.

(5) Ginseng harvested or grown in Oregon must be kept separate from out-of-state ginseng. Out-of-state sources may not be declared on an Oregon certificate of origin.

(6) Growers and dealers shall keep records of transactions covered by paragraphs (2), (3), and (4) of this section. A licensed dealer shall keep a continuous log of purchases and sales of both cultivated and wild ginseng. A dealer or grower shall make all records that are required to be kept under this section available upon request to the department for inspection and copying. As a condition of relicensing, records required by this section shall be sent to the department by the end of each licensing year (April 30th). Listed weights of roots sold and roots in inventory shall equal root purchased/harvested within reasonable amounts, and may be verified by the department from time to time if deemed necessary.

Stat. Auth.: ORS 561.190 & OL 1997 Ch. 9
Stats. Implemented: OL 1997 Ch. 9
Hist.: AD 5-1997, f. & cert. ef. 6-4-97

603-060-0050

Possession of Certified Wild Ginseng

Oregon certificates of origin can not be used to certify wild ginseng. Wild ginseng roots legally certified in other states may be purchased, sold, transported, or exported within and out of state only by dealers licensed by the department in accordance with section 603-060-0030. Persons engaged in the retail marketing of wild ginseng to consumers within the state may purchase and retail out-of-state wild ginseng root in the normal course of their business provided the ginseng root is purchased from a registered dealer of any state having a Ginseng Management Program approved by the U.S. Fish and Wildlife Service and is accompanied by a certificate of origin issued by the state of origin of the ginseng.

Stat. Auth.: ORS 561.190 & OL 1997 Ch. 9
Stats. Implemented: OL 1997 Ch. 9
Hist.: AD 5-1997, f. & cert. ef. 6-4-97

603-060-0060

Ginseng Advisory Committee

(1) The Ginseng Advisory Committee shall consist of five members, representing both growers and dealers, appointed by the Director. The term of each member shall be three years from the date of appointment, except initially terms of one, two and three years will be used to stagger the terms of the committee members. Vacancies in office shall be filled by appointment for the unexpired term. An individual is not eligible to serve more than two consecutive terms as a member.

(2) At the first meeting in each year the committee shall select a chairperson. The Director of the State Department of Agriculture, or their representatives, shall be ex officio members without the right to vote.

(3) The committee shall meet at the call of the chairperson or the Director of the State Department of Agriculture. A majority of the members present at any meeting shall constitute a quorum, and majority vote of the quorum at any meeting shall constitute an official act of the committee.

Stat. Auth.: ORS 561.190 & OL 1997 Ch. 9
Stats. Implemented: OL 1997 Ch. 9
Hist.: AD 5-1997, f. & cert. ef. 6-4-97

603-060-0070

Enforcement Actions

(1) No person may knowingly include false information on any document or record required under this division, or submit false information to the department in connection with licensing in accordance with section 603-060-0030. No person may knowingly accept or retain a document or record required under this division that contains false information to facilitate the sale or shipment of ginseng in violation of this section.

(2) No person shall convey or otherwise provide any dealer, exporter, or other person an Oregon state shipment certificate for which the weight in ginseng roots stated to be legally certified exceeds the weight of ginseng actually being sold or otherwise exchanged.

(3) The department may by an order suspend or revoke the license of a dealer or a grower and may invalidate certificates of origin completed by the dealer or grower, if the department finds that the dealer or grower has violated any of the provisions of this division. An order issued is subject to a right of hearing before the department, if requested. Hearings will be conducted pursuant to the APA and the Attorney General's Model Rules of Procedure.

Stat. Auth.: ORS 561.190 & OL 1997 Ch. 9
Stats. Implemented: OL 1997 Ch. 9
Hist.: AD 5-1997, f. & cert. ef. 6-4-97

603-060-0080

Civil Penalty

(1) In addition to any other liability or penalty provided by law, the Director of Agriculture may impose a civil penalty on a person for violation of any of the provisions of 603-060. The civil penalty for a first violation shall be a fine of not more than $1,000. Upon a second violation, the department may impose a fine of not more than $2,000.

(2) All penalties recovered under this chapter shall be deposited by the State Treasurer in the Department of Agriculture Service Fund. Such moneys are continuously appropriated to the department for the purpose of carrying out the ginseng management program.

Stat. Auth.: ORS 561.190 & OL 1997 Ch. 9
Stats. Implemented: OL 1997 Ch. 9
Hist.: AD 5-1997, f. & cert. ef. 6-4-97

603-060-0090

Criminal Penalty

Violation of any of the provisions of 603-060 is a misdemeanor.

Stat. Auth.: ORS 561.190 & OL 1997 Ch. 9
Stats. Implemented: OL 1997 Ch. 9
Hist.: AD 5-1997, f. & cert. ef. 6-4-97

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